Wilson v. Newberry

Opinion op the Court by

Judge Clay

Never sing.

Certain creditors of Elbert Newberry sued him in the quarterly court of Perry county and recovered judgments. Executions were issued thereon and placed in the hands of the sheriff. Before the return day each of' the executions was replevied by Elbert Newberry, with his father, William Newberry, as surety on the bond. After the maturity of the bonds, executions were issued thereon and delivered to the sheriff, who, being unable to find any personal property subject to the debts, returned the executions to the office of the clerk of the Perry…